Re: Re: Re: Trademark Infringement /Domain Names

Subject: Re: Re: Re: Re: Trademark Infringement /Domain Names

Comments:
: : : : A collection of generic words has been trademarked. Let us say (fictitiously), "ChildsWorld, Inc." is trademarked by one company who operates day care facilities. I register the domain name, "Childs-World.com" with the intention of developing a portal web site for parent addressing all kinds of parenting issues (one of which would be a link to finding day care facilties). "Childs-World.com" or "A Childs World.com" is the name under which the business operates, and a search of the US Patent office comes back with this name being available for registration. The business of "children" is a big business. Am I infringing on the trademark of retailer "ChildsWorld, Inc." if I establish a web-based business, "A Childs World.com" using the domain name "Childs-World.com"? : : : The hypothetical is too confused to repsond to. There is a mix of trademark and trade name and q question of cybersquatting. No matter what, it looks like the edge of trouble. When it comes to the law it is often better to move away even when you are right to avoid the high legal cost of proving your are right, (if you are). : : : M. Arthur Auslander : : : E arly L egal A dvice I s N ot E xpensive : : : ELAINE's Workshop (sm): : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 505 Eighth Avenue, New York, NY 10018 : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : In a similar circumstance, does a business across the country, which does not have it's business name registered as a trademark in it's home state, : : my home state, nor nationally have any legal claim on a domain name? Suppose I decide to register a domain name of 'GollyGeeWilligers.com', for : : whatever reason, and then find out that there is some little store in Podunk somewhere that is running a mom and pop shop with the same name. : : Even though I am not using the name in a commercial manner, would this store have any 'right' to the name? Would they have a claim that my taking : : the name prevents their doing business via their business name on the internet? : At law school they would have call that a "nice question". Had a trademark been registered and used before the adoption of the domain name you might be able to at least stymie the registrant. A mere domain name registration if not a cybersquat might stand up. Now what can be done depends on a detailed analysis of the facts and may cost! : M. Arthur Auslander : E arly L egal A dvice I s N ot E xpensive : ELAINE's Workshop (sm): : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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